The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accident.
Any occurrence which renders a vehicle wrecked or disabled, as defined in this section.
Chief of police.
The chief of police for the city or the person designated by him to act in his stead for the purposes of this article.
City permit.
Authorization granted to a towing company by the city under this article to tow vehicles within the city.
City permit holder.
Any entity possessing a current, valid city permit to tow vehicles within the city.
Consent tow.
Any tow of a vehicle in which the tow truck is summoned by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term “consent tow” does not include an incident management tow or a private property tow.
Disabled.
The status of any vehicle which had been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, the elements, or vandalism, so as to reasonably necessitate that such vehicle be removed by a tow truck.
Hazardous material:
(1) 
Any substance classified as a hazardous material under state or federal law or under a rule adopted pursuant to state or federal law; or
(2) 
A chemical petroleum product, gas or other substance that, if discharged or released, will or is likely to create an imminent danger to individuals, property or environment.
Incident management tow.
Any tow of a vehicle in which the tow truck is summoned by a peace officer because of a traffic accident or to an incident.
Non-consent tow.
Any tow of a vehicle that is not a consent tow, including an incident management tow and a private property tow.
Parking facility.
Public or private property used, wholly or partly, for restricted or paid vehicle parking. The term “parking facility” includes:
(1) 
A restricted space on a portion of an otherwise unrestricted parking facility; and
(2) 
A commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school, home, apartment complex, property governed by a property owners’ association, or government-owned property leased to a private person, including:
a. 
A portion of the right-of-way of a public roadway that is leased by a governmental entity to the parking facility owner; and
b. 
The area between the facility’s property line abutting a county or municipal public roadway and the centerline of the roadway’s drainage way or the curb of the roadway, whichever is farther from the facility’s property line.
Parking facility owner:
(1) 
An individual, corporation, partnership, limited partnership, limited liability company, association, trust, or other legal entity owning or operating a parking facility;
(2) 
A property owners’ association having control under a dedicatory instrument, as that term is defined in Texas Property Code sec. 202.001, over assigned or unassigned parking areas; or
(3) 
A property owner having an exclusive right under a dedicatory instrument, as that term is defined in Texas Property Code sec. 202.001, to use a parking place.
Police Department.
The City of Wichita Falls Police Department and its officers, authorized employees and agents.
Police tow.
An incident management tow initiated when the Police Department calls a rotation contract holder from a rotation list.
Private property tow.
Any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle.
Private property towing permit.
A state-issued permit required for a tow truck used to perform a non-consent tow authorized by a parking facility owner. A tow truck permitted for this type of tow may also be used for consent towing but not for incident management towing, in accordance with Texas Occupations Code sec. 2308.104.
Public roadway.
A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.
Rotation contract.
An agreement between the city and a towing company to perform police tows.
Rotation contract holder.
A towing company contracted with the city to perform police tows.
Rotation list.
Any list prepared in accordance with a rotation contract and the provisions of this article.
State.
The State of Texas and its offices, departments and agencies.
Tow truck.
A motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another vehicle.
Towing company.
An individual, association, corporation or other legal entity that controls, operates or directs the operation of one or more tow trucks over a public highway in the state, but does not include a political subdivision of the state.
Vehicle.
A device in, on, or by which a person or property may be transported on a public roadway. The term “vehicle” includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer, but does not include a device moved by human power or used exclusively on a stationary rail or track.
Vehicle owner.
A person:
(1) 
Named as the purchaser or transferor in the certificate of title issued for the vehicle under Texas Transportation Code ch. 501;
(2) 
In whose name the vehicle is registered under Texas Transportation Code ch. 502, or a member of the person’s immediate family;
(3) 
Who holds the vehicle through a lease agreement;
(4) 
Who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or
(5) 
Who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle.
Vehicle storage facility.
A vehicle storage facility, as defined by Texas Occupations Code sec. 2303.002, that is operated by a person who holds license issued under Texas Occupations Code ch. 2303 to operate the facility.
Wrecked.
The status of any vehicle damaged in any manner of collision which renders the vehicle inoperable mechanically or unsafe to operate.
(2001 Code, sec. 26-756; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
The prohibitions and requirements of this article shall apply to all vehicles towed on public roadways located in the city. This article shall also apply to vehicles seized by the Police Department.
(b) 
Any tow truck operated within the city shall be in full compliance with all applicable state and federal rules, including, but not limited to, those pertaining to vehicle registration, insurance and safety equipment.
(2001 Code, sec. 26-757; Ordinance 36-2010, sec. 1, adopted 7/20/10)
The prohibitions and requirements of this article shall not apply to any person who necessarily must act immediately to prevent death or bodily injury to any person involved in an accident.
(2001 Code, sec. 26-758; Ordinance 36-2010, sec. 1, adopted 7/20/10)
A vehicle may be pushed or towed by a vehicle other than a permitted tow truck only when it does not reasonably require removal by a tow truck and only when such may be done in a safe and legal manner.
(2001 Code, sec. 26-759; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
A towing company that desires to tow vehicles shall obtain a city permit from the city. Companies that desire to perform police tows shall enter into a rotation contract with the city. All non-consent tows shall terminate within the city limits, except when directed by a law enforcement agency.
(b) 
An applicant for a new or renewal city permit shall submit, on a form provided by the city, a verified application containing or accompanied by the following:
(1) 
The true name, the trade name, location and mailing address, and telephone number of the towing company;
(2) 
The name, date of birth and home address of the applicant if a sole proprietorship;
(3) 
The name, date of birth and home address of each partner if the applicant is a partnership;
(4) 
The name, date of birth and home address of each corporate officer, if the applicant is a corporation;
(5) 
The name, address and driver’s license number of every tow truck driver employed by the applicant;
(6) 
The location of the applicant’s vehicle storage facility and a photocopy of the state license for the facility;
(7) 
A certificate from the city/county tax assessor-collector that all city taxes on all properties, real and personal, to be used in connection with the applicant’s business are current;
(8) 
A certificate of liability insurance issued by a company authorized to do business in the state which identifies coverage in the amounts required under this article; and
(9) 
For each tow truck, the applicant intends to utilize:
a. 
The make, model, size and model year;
b. 
The vehicle identification number;
c. 
The state license plate number;
d. 
The state tow truck license plate number; and
e. 
A photocopy of the certificate of registration issued by the state;
(10) 
Copies of all permits as issued by the state for specific types of towing (incident management towing, private property towing and/or consent towing);
(11) 
Copies of all appropriate licenses for each tow truck driver and towing companies;
(12) 
Copies of continuing education requirements for license holders.
(c) 
Every application for a new or renewal city permit and/or rotation contract required under this article shall be sworn to by the applicant or city permit and/or rotation contract holder, and shall be accompanied by payment of a fee established by separate ordinance.
(d) 
No city permit or rotation contract shall be transferred or assigned from any person or company to another. When any change of ownership or change of controlling interest occurs, any existing city permit and/or rotation contract shall immediately terminate.
(2001 Code, sec. 26-760; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
All police tows shall be undertaken pursuant to the terms and conditions of a rotation contract specifically executed between the city and the towing company. All such related services and fees shall be established as a provision of the contract for services.
(b) 
The city may not execute a rotation contract with a towing company if:
(1) 
One or more of the following entities has been convicted of a felony or crime of moral turpitude and five years has not elapsed since the conviction and completion of any sentences, parole, or probation that resulted from the conviction:
a. 
The towing company;
b. 
Any of the towing company’s owners or officers;
c. 
Any of the towing company partners, if the towing company is a partnership;
d. 
Any of the towing company’s managers or members who have authority to make decisions on behalf of the entire company, if the towing company is a limited liability company;
e. 
Any of the towing company’s directors, if the towing company is a corporation or other entity with directors;
f. 
Any of the towing company’s trustees, if the towing company is a trust; or
g. 
Any owner of all or part of a vehicle storage facility or any tow truck utilized by the towing company.
For purposes of this subsection (b)(1), a person shall be considered convicted if they entered into a deferred adjudication or otherwise entered a plea of guilty or no contest.
(2) 
One or more of the following entities owes delinquent fees or taxes to the city:
a. 
The towing company;
b. 
Any of the towing company’s owners or officers;
c. 
Any of the towing company partners, if the towing company is a partnership;
d. 
Any of the towing company’s managers or members who have authority to make decisions on behalf of the entire company, if the towing company is a limited liability company;
e. 
Any of the towing company’s directors, if the towing company is a corporation or other entity with directors;
f. 
Any of the towing company’s trustees, if the towing company is a trust; or
g. 
Any owner of all or part of a vehicle storage facility or any tow truck utilized by the towing company.
This subsection (b)(2) shall not apply to the extent the city is prohibited by state or federal law from considering the debt in authorizing a permit or other governmental benefit.
(c) 
The towing company applicant must fully complete and verify a rotation contract application, which shall be in a form promulgated by the chief of police.
(2001 Code, sec. 26-761; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
The city shall issue a city permit to every towing company complying with this article unless legal grounds exist for denying such a permit.
(b) 
The city shall issue to each city permit holder an inspection permit for each tow truck that passes an inspection pursuant to section 26-766. The inspection permit shall be prominently displayed on the left side of the front windshield.
(c) 
Operating a tow truck without an inspection permit issued by the city, as required by this article, shall be unlawful.
(d) 
Any person permitting the operation of a tow truck owned by that person or by a another legal entity of which the person is an agent when the tow truck does not have an inspection permit issued by the city as required by this article is committing a violation of this article.
(e) 
Every city permit shall expire at 11:59 p.m. on September 30 of each year.
(2001 Code, sec. 26-762; Ordinance 36-2010, sec. 1, adopted 7/20/10)
Every towing company having a city permit shall carry general liability coverage and workers’ compensation or accident insurance in the amounts required by Texas Occupations Code sec. 2308.001 et seq.
(2001 Code, sec. 26-763; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
The chief of police is authorized to establish rotation lists for police tows. The lists are composed of tow truck companies that have entered into rotation contracts with the city, and that have requested and are qualified to appear on a particular list. The Police Department shall establish and maintain these lists so as to alternate among the towing companies as much as practicable while ensuring each towing company receives all of its allotted rotation list slots. From the rotation lists, the Police Department shall call a towing company to:
(1) 
Remove a wrecked or disabled vehicle, or a vehicle in safe driving condition, but whose owner is not present, able or permitted to drive or to make authorizations;
(2) 
Remove a wrecked or disabled vehicle when the owner fails to designate a specific repair place or tow truck operator to remove his vehicle, and has authorized the Police Department to call a tow truck; and
(3) 
Remove a vehicle that the Police Department has determined is evidence or that may contain evidence in a criminal investigation.
(b) 
If the owner of a disabled vehicle is physically unable to designate to a police officer on the scene a city permit holder to remove the vehicle or the owner fails or refuses to designate one or has no preference, the police officer shall communicate that fact immediately to the police communications center or its authorized agent. The police communications center or its authorized agent shall then call the city permit holder next in line on the appropriate city rotation list and request the permit holder to tow the vehicle from the scene. After the last city permit holder on the rotation list has been called, the next such call shall go to the first city permit holder on the rotation list.
(c) 
If the owner of the vehicle does not designate a city permit holder, and the police officer contacts the communications center requesting a tow, the dispatch of the call shall constitute a police tow. The responding rotation contract holder shall deliver the vehicle to the location requested by the owner; however, the call remains a police tow. The vehicle owner shall pay the towing fees in this situation and the towing company may charge reasonable towing fees for this service.
(d) 
If, after arrival at the scene, the police officer in charge determines that assistance is needed, the rotation contract holder on-site shall dispatch immediately another tow truck of his choice.
(e) 
If, after arrival at the scene, and before the tow truck begins to depart from the scene, the owner of the vehicle requests the vehicle not be towed, the police officer may inform the tow truck driver to leave the vehicle at the scene. At that point, the police officer shall notify communications center to place the rotation contract holder back at the top of the rotation list.
(2001 Code, sec. 26-764; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
An applicant for a city permit required under this article or an applicant for a permit renewal shall own or lease the following:
(1) 
The types of tow trucks and equipment required to safely conduct tows in accordance with the provisions of Texas Occupations Code sec. 2308.001 et seq.
(2) 
Storage facility. The applicant must own or have use of a storage facility licensed under the occupation code and be in full compliance with all relevant state statutes. The facility shall be located within the corporate city limits and must be completely enclosed with adequate fencing, locks, and other security devices as necessary to maintain security of stored vehicles. A towing company is not required to own or lease a storage facility if it only tows vehicles owned by the towing company.
(b) 
A towing company that wishes to enter into a rotation contract with the city shall own or lease, at the minimum, three of the following types of tow trucks, one of which must be a heavy duty tow truck:
(1) 
Medium duty tow truck capable of towing motor vehicles with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds.
(2) 
Heavy duty tandem axle tow truck capable of towing motor vehicles with a gross weight rating that exceeds 25,000 pounds and equipped with a minimum of a 12,000-pound wheel lift under reach, a minimum of two 20,000-pound winches, and a boom rated at not less than a 25-ton lift capacity.
(3) 
Should a towing company choose to operate one or more medium duty tow trucks, at least one of the medium duty tow trucks shall have a boom and winch rated at not less than 8,000-pound lift capacity and a wheel lift device rated at not less than 4,500 pounds.
(c) 
At a minimum, all tow trucks shall be equipped with the following equipment, which at all times shall be maintained in working order:
(1) 
Wrecking bar;
(2) 
Towing lights;
(3) 
Emergency overhead warning lights;
(4) 
Safety chain;
(5) 
Fire extinguisher (A.B.C. Type), five-pound minimum required;
(6) 
Broom;
(7) 
Shovel;
(8) 
Reflectors or traffic cones;
(9) 
Trash container;
(10) 
Two-way voice or computer communication between tow truck and company dispatcher;
(11) 
Backing warning signal; and
(12) 
Wheel chocks (exception: roll-backs and wheel-lift tow trucks).
(d) 
Each tow truck shall have the name, city and state of the city permit holder, as shown on its permit, on each side of the tow truck. The name, city, state and telephone number of the towing company shall appear in letters at least two inches high, which are permanently affixed, legible and on a contrasting background. Magnetic or other forms of removable signs shall not comply with this requirement.
(2001 Code, sec. 26-765; Ordinance 36-2010, sec. 1, adopted 7/20/10)
Any holder of a city permit or an applicant for a city permit required under this article, by virtue of making application, agrees to allow the inspection of tow trucks, tow truck equipment and storage facilities by the chief of police between the hours of 8:00 a.m. and 5:00 p.m. on weekdays. In addition, each tow truck and the required equipment authorized under a contract shall be subject to intermittent inspection to ensure compliance with this article. This authority shall be cumulative of any other authority held by the chief of police, other law enforcement officials, or other legally authorized public officials. The chief of police shall issue an inspection permit for each tow truck utilized by a towing company that has passed inspection. The inspection permit shall have written upon it the vehicle identification number of the tow truck to which it is affixed. The inspection permit shall be prominently displayed on the left side of the front windshield. A tow truck that fails an inspection or that is not made available for inspection within three business days after written request for inspection by the chief of police shall not be issued an inspection permit, and any previously issued inspection permit issued to that tow truck shall be void. A towing company that wishes to have a tow truck inspected after the truck has failed or been unavailable for inspection must send a request for inspection to the chief of police in writing, and must pay a $100.00 inspection fee for each failing or unavailable tow truck that towing company wishes to have inspected.
(2001 Code, sec. 26-766; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
A city permit holder performing consent tows may collect fees that are deemed reasonable in accordance with the provisions set forth in Texas Occupations Code sec. 2308.001 et seq.
(b) 
City permit holders performing non-consent tows shall not charge fees that exceed the maximum amounts described in this section.
(c) 
Rotation list towing fees:
(1) 
Light duty towing (towing a vehicle with a gross vehicle weight of 10,000 pounds or less).
a. 
First tow truck.
A fee as established by separate ordinance per hour shall be paid to a towing company for towing a vehicle from one point to another location within the city as directed by the Police Department. This fee includes any work performed during the first hour. Time posted after the first hour will be billed in increments of 15 minutes.
b. 
Second tow truck.
In the event the police officer at the scene determines that a second tow truck is required, a fee as established by separate ordinance per hour shall be paid to the towing company for any work performed at the scene during the first hour after the arrival of the second tow truck. Time posted for the second tow truck after the first hour will be billed in increments of 15 minutes. The use of the second tow truck shall be approved by a police supervisor. Travel time is excluded.
c. 
Use of a dolly.
No additional fees shall be charged for the use of a dolly.
(2) 
Medium duty towing (towing a vehicle with a gross vehicle weight over 10,000 pounds but less than 25,000 pounds).
a. 
First tow truck.
A fee as established by separate ordinance per hour shall be paid to the towing company for towing a vehicle requiring a medium duty tow from one point to another location within the city as directed by the Police Department. This fee includes any work performed during the first hour. Time posted after the first hour will be billed in increments of 15 minutes.
b. 
Second tow truck.
In the event the police officer at the scene determines that a second medium duty tow truck is required, a fee as established by separate ordinance per hour shall be paid to the towing company for any work performed at the scene during the first hour after the arrival of the second medium duty tow truck. Time posted for the second tow truck after the first hour will be billed in increments of 15 minutes. The use of the second tow truck shall be approved by a police supervisor. Travel time is excluded.
c. 
Use of a dolly.
No additional fees shall be charged for the use of a dolly.
(3) 
Heavy duty towing (towing a vehicle with a gross vehicle weight of over 25,000 pounds).
a. 
First tow truck.
A fee as established by separate ordinance shall be paid to the towing company for towing a vehicle requiring a heavy duty tow from one point to another location within the city as directed by the Police Department. This fee includes any work performed during the first hour. Time posted after the first hour will be billed in increments of 15 minutes.
b. 
Second tow truck.
In the event the police officer at the scene determines that a second heavy duty tow truck is required, a fee as established by separate ordinance shall be paid to the towing company for any work performed at the scene during the first hour after the arrival of the second heavy duty tow truck. Time posted for the second tow truck after the first hour will be billed in increments of 15 minutes. The use of the second tow truck shall be approved by a police supervisor. Travel time is excluded.
c. 
Extra equipment.
If the towing company is required to rent or lease a piece of equipment which is not required in the normal operation of a towing company, the actual cost for lease or rental of such equipment may be passed on to the vehicle owner.
d. 
Number of tow truck employees to respond.
A minimum of two towing company employees must respond and share the responsibilities with each heavy duty tow truck to expedite the clearing of the roadway and increase safety. Failure to respond with two towing company employees will be counted as a failure to respond and the tow truck will not be allowed to work the scene.
(4) 
Public safety towing administration fee. For vehicles towed at the instruction of a police officer, the rotation list towing fee is hereby increased by $25.00.
(d) 
Hourly rates for private property non-consent tows include any work performed during the first hour beginning upon arrival at the scene of the tow. Time posted after the first hour will be billed in increments of 15 minutes. The hourly private property tow rates are as follows:
(1) 
Light duty: Not more than $90.00.
(2) 
Medium duty: Not more than $120.00.
(3) 
Heavy duty: Not more than $205.00.
(e) 
When establishing or amending the allowable fees for non-consent tows, the amounts shall represent the fair value of the services of a towing company and are reasonably related to any financial or accounting information provided to the city. In accordance with Texas Occupations Code sec. 2308.203, the city establishes the following procedures relating to towing fee studies to be followed upon a request from a towing company that a study be performed. The following list is not all inclusive:
(1) 
The chief of police shall request financial records from the requesting towing company as they relate to vehicle insurance, registrations and operating costs;
(2) 
The chief of police shall obtain current fuel prices;
(3) 
The chief of police shall review towing fees from other cities of similar population;
(4) 
The chief of police shall submit a recommendation to the city manager for action. At his discretion, the city manager may authorize an increase or decrease in towing fees of not more than 25 percent, based upon the result of a requested towing fee study. Recommended increases over 25 percent shall be taken to the city council for consideration.
(2001 Code, sec. 26-767; Ordinance 36-2010, sec. 1, adopted 7/20/10; Ordinance 47-2013, sec. 2, adopted 9/3/13)
(a) 
Under this article, a city permit holder may charge the owner of the vehicle a storage fee and other charges as permitted by Texas Occupations Code sec. 2303.001 et seq.
(b) 
City impound. The city may charge the owner of the vehicle a storage fee permissible by law. For purposes of imposing a daily storage fee, a day begins at 12:00 midnight and ends at 11:59 p.m. the same day. A daily storage fee may be charged regardless of whether the vehicle is stored for 24 hours total, except that a daily storage fee may not be charged for more than one day if the vehicle remains at the facility for less than 12 hours. In addition to the storage fees, the city may charge a preservation fee established by separate ordinance to cover the costs of preservation and evidentiary processing of stored vehicles. Vehicles held as evidentiary material pertinent to an ongoing criminal investigation are not subject to any fees. The owner, however, will be responsible for storage fees if the vehicle is not claimed within 72 hours of notification. All fees shall be paid prior to releasing the vehicle to the owner. If the owner or any lien holders of record does not reclaim the vehicle within the time period prescribed by law, the vehicle shall be deemed abandoned and used or sold in accordance with the requirements of Texas Occupations Code ch. 2303.
(2001 Code, sec. 26-768; Ordinance 36-2010, sec. 1, adopted 7/20/10)
A police officer investigating or present at any scene where the services of a tow truck are reasonably anticipated to be necessary shall not directly or indirectly recommend to any person the name of any towing company, nor shall any such police officer influence or attempt to influence in any manner the decision of any person on choosing or selecting a towing company.
(2001 Code, sec. 26-770; Ordinance 36-2010, sec. 1, adopted 7/20/10)
No person shall drive or cause to be driven a tow truck to or near the scene of an accident on a public roadway unless such person has been called to the scene by the police communications center or its authorized agent or by a party involved in the accident.
(2001 Code, sec. 26-771; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
It shall be the obligation of all city permit holders to operate towing companies so as to provide safe and prompt removal of wrecked, disabled or police tow vehicles when properly called upon to do so in accordance with this article.
(b) 
The duty to provide safe and prompt towing service upon call includes, but is not limited to, the following specific duties:
(1) 
Upon arrival at the scene of an accident, towing company personnel shall take directions from the police officer in charge of that scene.
(2) 
Any person who tows any vehicle from the scene of an accident shall remove debris of the accident from the public roadway. This duty specifically includes removal of all broken glass and metal fragments from the public roadway and the removal of any load of any vehicle from the traveled portion of the public roadway so as to eliminate any hazard to vehicular traffic. This does not include responsibility to unload cargo from a vehicle in order to permit hauling of the cargo separately. Debris shall be disposed of in a manner which will keep it out of gutters, storm sewers, streams, public rights-of-way and property not belonging to the towing company. The officer on the scene of an accident may provide assistance in locating a place for disposal of such debris.
(3) 
No city permit holder shall store any vehicles or tow trucks on the public roadways or rights-of-way. City permit holders shall use reasonable care in the storage of property not belonging to the permit holder so as to minimize the risk of theft or damage.
(2001 Code, sec. 26-772; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
No towing company seeking to tow a vehicle which contains, or is reasonably believed to contain, hazardous materials may accomplish the tow unless, pursuant to 49 USC secs. 1801, 5107–5109, 5125; 49 CFR 387; Texas Transportation Code secs. 522.003(19), 522.041– 522.043, and all other applicable federal and state law:
(1) 
The tow truck is registered to transport hazardous materials;
(2) 
The tow truck has been issued pertinent permits to transport same; and
(3) 
The driver of the tow truck is licensed to transport hazardous materials.
(b) 
In the event a towing company seeks to tow a vehicle containing, or reasonably believed to contain, hazardous materials, and the materials have leaked or appear to be leaking, the towing company shall immediately advise the city Fire Department of the leakage. The vehicle will not be moved until inspected by the Fire Department. The Fire Department will be the sole authority in determining the appropriate precautions to be taken prior to authorizing the vehicle to be moved by the towing company.
(2001 Code, sec. 26-773; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
A towing company that tows a vehicle from a parking facility without the vehicle owner’s permission shall within one hour after receiving the vehicle report (by telephone, in person, or by facsimile) to the Police Department:
(1) 
A general description of the vehicle;
(2) 
The state and number of the vehicle’s license plate;
(3) 
The VIN of the vehicle;
(4) 
The location from which the vehicle was towed; and
(5) 
The name and location of the vehicle storage facility where the vehicle is being stored.
(b) 
If a vehicle removed from a parking facility is later determined to be stolen, the towing company shall not be reimbursed by the city for towing the vehicle from the parking facility to the company’s lot. As a stolen vehicle is evidence in a crime, the city may seize the vehicle in accordance with state law. In the alternative, the city may elect to allow the towing company to maintain custody and control of the stolen/recovered vehicle; however, the charges for storage cannot exceed those normally imposed by the city Police Department in its impound facility. Additionally, the towing company shall be responsible for any and all other procedures in accordance with the Texas Occupations Code ch. 2303.
(2001 Code, sec. 26-774; Ordinance 36-2010, sec. 1, adopted 7/20/10)
Any complaint regarding a towing company shall be submitted in writing to the chief of police. The complaint shall be specific as to the allegations and shall be signed by the individual submitting the complaint. Complaints will be investigated to the fullest extent possible.
(2001 Code, sec. 26-775; Ordinance 36-2010, sec. 1, adopted 7/20/10)
The city retains the right to refuse the delivery of any impounded vehicle if the delivered vehicle is improperly towed or dropped at a location other than that designated by the Police Department. In those instances wherein the city refuses to accept a vehicle, a city tow truck or another towing company on rotation will be called to complete the delivery. The original towing company will not be paid for the call, and the call will be considered an unjustified pass. Additional action may be taken against a towing company improperly towing or dropping a vehicle in accordance with the terms of the contract and of this article.
(2001 Code, sec. 26-776; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
In lieu of or in addition to any criminal prosecution or civil remedy for the violation of any section of this article, the chief of police shall have, as to the holder of any city permit or as to any applicant therefor, the duty and authority to enforce this article by administrative action in accordance with these principles and procedures.
(b) 
The proper and safe functioning of towing companies has critical impact on the health, safety and welfare of the public and involves use of the public roadways, often in circumstances necessitating prompt removal of dangerous obstructions to traffic on public roadways; therefore, the privilege of any person to be a city permit holder operating a towing company in the city shall be subjected to strict regulation in order to protect the public.
(c) 
For purposes of invoking any administrative remedy against a city permit holder, the acts or omissions of any agent or employee of the city permit holder shall be considered to be the acts or omissions of the city permit holder.
(d) 
A city permit holder may receive a written reprimand for any of the following offenses:
(1) 
Failure to properly clean up debris at an accident scene;
(2) 
Failure to maintain a licensed storage facility as required by this article;
(3) 
Driving any tow truck to or from the scene of an accident in a manner which endangers the life or safety of any person;
(4) 
Failure to maintain in effect any insurance required by this article;
(5) 
Charging a fee in excess of the amounts authorized by this article;
(6) 
Permitting a tow truck to be operated by anyone while under the influence of prescription drugs which could be reasonably anticipated to interfere with a driver’s ability to operate the tow truck;
(7) 
Permitting a tow truck to be operated by anyone while under the influence of alcohol or illegal drugs which could be reasonably anticipated to interfere with a driver’s ability to operate the tow truck;
(8) 
Permitting a tow truck to be operated by anyone whose operator’s or driver’s license is suspended;
(9) 
Any sustained complaint of theft by employees of towing company while acting in their capacity as employees of towing company, whether occurring during a police tow or otherwise;
(10) 
Any sustained complaint of threats made by employees of the towing company while acting in their capacity as employees of towing company made against third parties during a police tow or otherwise;
(11) 
Failing to comply with all directions of the Police Department while performing related activities on a public roadway; or
(12) 
Failure to comply with any state or federal law or city ordinance related to the operation of a towing company.
(2001 Code, sec. 26-777; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
The city may, without warning, notice, or hearing, suspend any city permit if the operation of the towing company constitutes an imminent hazard to public health or safety. When possible, a supervisor will confirm the hazard before suspension is effective. Suspension is effective upon service of the notice required by this article. When a permit is suspended, towing operations shall immediately cease.
(b) 
The city may suspend a towing company that receives two reprimands within a permit period for up to 30 days. The city may indefinitely suspend a towing company that received three or more reprimands within a one-year period.
(c) 
Whenever a city permit is suspended, the holder of the city permit shall be notified in writing that the permit is, upon service of the notice, immediately suspended. Opportunity for a hearing will be provided if the city permit holder files a written request with the city manager within five business days. Whenever a city permit is suspended, the city permit holder shall be afforded an opportunity for a hearing within ten days of receipt of a request for a hearing. If no written request for a hearing is filed within five business days, the suspension is sustained and becomes final.
(d) 
A notice as required in this article is properly served when it is personally delivered to the holder of the city permit or when it is sent by registered or certified mail, return receipt requested, to the last known address of the city permit holder. A copy of the notice shall be filed in the records of the city.
(e) 
The city manager, or his designee, shall conduct the hearings provided for in this article at a time and place designated by him. Based upon the recorded evidence of such hearing, the city manager shall make final findings and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the city permit holder by the city manager.
(f) 
In the event the city suspends or indefinitely suspends a permit holder for cause, and the cause for such suspension or indefinite suspension is determined to be invalid, the permit holder’s sole remedy shall be reinstatement.
(2001 Code, sec. 26-778; Ordinance 36-2010, sec. 1, adopted 7/20/10)
(a) 
Any business or person violating any prohibition, requirement, duty, or provision of this article shall be deemed to have committed a Class C misdemeanor, and, upon conviction, shall be punished by a fine of not more than $500.00.
(b) 
It shall be a defense to prosecution of any violation of this article that a person violated this article while acting to prevent imminent death or bodily injury to any person involved in an accident.
(2001 Code, sec. 26-779; Ordinance 36-2010, sec. 1, adopted 7/20/10)